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Recent Development in Family Law for Same Sex Couples

December 15, 2023 General

Family law is a rapidly developing area of the law for same-sex couples. As of January 1, 2022, the Connecticut Parentage Act (CPA) took effect, which ensures that every child in Connecticut has an equal opportunity to have a parent-child relationship, that is protected under the law.

The Connecticut Parentage Act takes a gender-neutral view on parentage. A person is presumed to be a parent  if 1) the person is married to the birth parent and 2) the child is born during the marriage. Conn. Gen. Stat. §46b-450. The Connecticut Parentage Act ensures that regardless of gender identity, a person can be treated as a parent.

For assisted reproductive statutes, the Connecticut Parentage Act does not discriminate based on gender, sexuality, or marital status. A person is considered a parent if they consent to assisted reproduction and have an intent to be a parent. The Connecticut Parentage Act authorizes probate courts to enter parentage orders in cases of assisted reproductive technology, as well as at the child’s birth by signing an acknowledgement of paternity.

As of July 1, 2022, the Connecticut Parentage Act explains how a person can be recognized as a de facto parent. A de facto parent is defined as a person who becomes a parent through parental conduct and care for the child. A de facto parent must demonstrate, through a clear-and convincing evidence standard the following seven factors:

1) The person resided with the child as a regular member of the family for a t least one year;

2) engaged in consistent childcare;

3) understood fully that the responsibilities of a parent go without compensation;

4)  the person holds the child out to the world as their own;

5) the person established a bond and dependent relationship with the child;

6) another parent of the child fostered or supported the bonded and dependent relationship required under this subdivision; and

7) continuing the relationship between the person and the child is in the child’s best interest.

Conn. Public Act 21-15 §38.

Overall, the parentage in Connecticut has become more inclusive. At Brown, Paindiris & Scott, our family law attorneys have a vast understanding of the legal development that affect same-sex couples. We are dedicated to helping same-sex couples secure the best resolutions of the family law challenges they face.